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GPSC (Gujarat)Stage 2: Main Examination

Constitutional Authorities: Powers, Functions and Responsibilities

What the official syllabus says

GPSC Main Examination, Paper V: General Studies-II, (A) Indian Polity and Constitution:

  • Constitutional Authorities: Powers, Functions and Responsibilities.

Topics in detail

Election Commission of India (Article 324)

  • Composition: Chief Election Commissioner and other Election Commissioners; removal of the CEC like a Supreme Court judge
  • Superintendence, direction and control of elections to Parliament, State legislatures and the offices of President and Vice-President
  • Model Code of Conduct, recognition of political parties, allotment of symbols, preparation of electoral rolls
  • Electoral reforms: EVMs and VVPAT, NOTA, expenditure limits, criminalisation of politics
  • Representation of the People Acts, 1950 and 1951 (in outline)

Public Service Commissions (Articles 315 to 323)

  • Union Public Service Commission and State Public Service Commissions: appointment and removal of members
  • Functions: recruitment examinations, advice on methods of recruitment, promotions, disciplinary matters (Article 320)
  • Gujarat Public Service Commission as the State Public Service Commission
  • Limitations: advisory nature of recommendations

Comptroller and Auditor General of India (Articles 148 to 151)

  • Appointment, tenure, removal and independence
  • Audit of the accounts of the Union and States; reports placed before Parliament and State legislatures
  • Relationship with the Public Accounts Committee
  • Types of audit: compliance, financial and performance audit

Finance Commission (Article 280)

  • Composition and five-year cycle
  • Recommendations on sharing of taxes and on grants-in-aid; measures to augment resources of panchayats and municipalities

Law officers

  • Attorney General for India (Article 76): right to speak in Parliament without vote
  • Advocate General of the State (Article 165)

Commissions for weaker sections

  • National Commission for Scheduled Castes (Article 338)
  • National Commission for Scheduled Tribes (Article 338A, created by the 89th Amendment, 2003)
  • National Commission for Backward Classes (Article 338B, 102nd Amendment, 2018)
  • Special Officer for Linguistic Minorities (Article 350B)
  • Powers of a civil court for the national commissions while investigating complaints (for example, Article 338(8))

Other constitutional bodies

  • GST Council (Article 279A): composition and decision-making by weighted vote
  • Inter-State Council (Article 263)
  • State Election Commission (Article 243K) and State Finance Commission (Article 243I)

Other constitutional provisions

  • Official Language Commission (Article 344)
  • CAG's reports on State accounts submitted to the Governor and laid before the State legislature (Article 151(2))
  • Annual reports of Public Service Commissions laid before the legislature with reasons for not accepting advice (Article 323)

Constitutional, statutory and executive bodies compared

  • Constitutional body: created by the Constitution, changed only by amendment (for example, the Election Commission, CAG, Finance Commission)
  • Statutory body: created by an Act (for example, the National Human Rights Commission, Central Vigilance Commission)
  • Executive body: created by a government resolution (for example, NITI Aayog)
  • Why the difference matters: security of tenure, powers, ease of change

Issues

  • Independence of appointments and the security of tenure
  • Vacancies, delays and the enforceability of recommendations

Overlaps

Statutory and quasi-judicial bodies (as opposed to constitutional ones) are on Statutory, Regulatory and Quasi-Judicial Authorities.

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